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Difference Between Civil and Criminal Law
Classification of Powers of Appointment
Director of Public Prosecutions
Jury Qualifications and Disqualifications
Alternative Roles for Solicitors
Private Information Given to Solicitor
Becoming a Solicitor Without a Degree
Precedent literally means what went before let it stand. There are three types of Precedent, Original, Binding and Persuasive. Precedent can be used instead of statutory law in civil cases, Precedent is known as a common-law, whereby judges follow known principles in cases in equal or superior courts. It is used in court cases to determine the outcome.
Original Precedent is whereby the case is new and has never been in trial, it has been said that cases heard regarding the 7th July 2005 London bombings were Original Precedent as the cases were never heard before a UK judge and therefore this rulings would be Original Precedents.
Binding Precedent is “Normal” Precedent If a court rules previously on a case the same as the one in front precedent would be used. Take, for instance, should a person commit murder and there are circumstances whereby the judge ruled that this person is not guilty, then a case in equal standing (the case having the same circumstances) in a later ruling can used the precedent to also fid the person not guilty. Judges can try to distinguish between the merits or standing of a case in order not to have established Precedent binding on the case they are presiding over.
There is also another type of Precedent, this is known as Persuasive Precedent, this is whereby a lower court makes a decision or ruling and a higher court can or may be allowed to use the precedent or decision, but they are not legally obliged to. There have been cases whereby counsel will bring up evidence of their case being the same as a decision made in a inferior court, it is up to the Judge to determine if the case is sufficiently similar to allows him to take the merits of the case into consideration when he is making his Judgement.
Most cases now heard in England and Wales Courts have Precedent, as Common law and case law have been used since 1066, therefore all but the most extra ordinary cases have been dealt with by the Courts and decisions therefore binding. Precedent can be used if the previous ruling was in a court of equal or higher standing. i.e. Should your case be in the District Court then a decision of the Circuit or high Court can be used, should the ruling be in a lower court then the precedent is not binding.
If a case is "without precedent", it means that this case and its details have not been dealt with by an equal or higher court in the past and therefore cannot be relied upon in determining the persons innocence or guilt. Many of the post 9/11and 7/7 Cases held in UK courts are said to be “Without Precedent” as the scope and details of the cases have not being previously dealt with by a UK Courts.
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